Work Injury Law Firm Welcomes QLD Workers Compensation Scheme Review
Splatt Lawyers, a leading Brisbane personal injury law firm, has expressed support for the government’s independent review of Queensland’s workers’ compensation scheme.
This review will assess the performance of the work injury compensation scheme, (otherwise known as WorkCover) evaluating its effectiveness in achieving objectives, how it manages psychological injuries, and addressing emerging trends.
Kerry Splatt, Principal of Splatt Lawyers, has expressed approval of the review to be conducted by Professor David Peetz, a Griffith University Emeritus Professor of Employment Relations, and Glenys Fisher, a previous Queensland Industrial Relations Commissioner.
Kerry stated that, the Workcover scheme in Queensland is the most efficient and has the highest injured worker compensation benefits with the lowest administrative costs compared to other centrally funded schemes in Australia.
According to Mr Splatt, the Queensland work injury compensation scheme is the most financially stable and equitable for employers and injured employees in Australia.
Queensland has chosen to maintain the common-law system, which sets it apart from most other Australian states that have eliminated many common-law advantages.
According to Mr Splatt, the high cost and dismal communication between legal professionals, insurance companies and medical care providers resulted from the previously adversarial litigious regime.
Mr Splatt stated that improved communication between stakeholders could lead to more positive outcomes for injured workers. He also noted that Queensland retaining full common-law benefits both employers and employees, likely due to proactive communication practices.
What factors contribute to Queensland’s success in workers’ compensation?
Mr Splatt is an active member of Queensland’s legal community and has participated in several committees within the Law Council of Australia, Queensland Law Society, and Australian Lawyers Alliance.
In his opinion, Queensland’s work accident compensation system is the best in Australia for various reasons, such as the collaboration between the insurers, state governments, the legal professional the medical profession in taking proactive measures.
Mr Splatt stated that stakeholders have productive meetings to identify and address issues that impact all parties involved.
Based on Kerry Splatt’s statement, Queensland provides low premiums and maintains complete common-law access for injured employees. This is due to the recognition among all parties of the significance of rehabilitating injured workers quickly, with the primary objective being to return them to work in a timely manner.
Mr. Splatt credits the success of the Queensland system to the legal profession’s emphasis on early rehabilitation for injured workers, as well as their encouragement of cooperation with QLD Workcover and use of the outstanding rehabilitation services.
Queensland’s success can be attributed in part to its low court rate. The mandatory pre-litigation procedures have helped eliminate the adversarial system, with most matters now proceeding to mediation and realistic offers being made before court proceedings. Mr. Splatt notes this as a critical element to the state’s success.
Mr Splatt stated that Queensland’s workers’ compensation scheme has been successful due to proactive measures taken by the insurance industry and the legal profession to eliminate frivolous claims. He noted that the implementation of claim farming legislation significantly reduced such claims by preventing law firms or their agents from soliciting workers to lodge personal injury claims.
The collaboration and review process among stakeholders is noteworthy, with no other state having adopted this approach. All stakeholders actively listen to each other and implement practical changes to facilitate timely and efficient resolution of claims.
According to Mr Splatt, many workers’ compensation schemes had eliminated common-law systems that were previously successful in managing costs, detecting fraud, and maintaining low administrative and legal expenses related to claims.
Mr Splatt stated that Queensland has a low litigation rate for workers’ compensation injury claims in the common law world, which is attributed to stakeholder cooperation, and the state should be proud of this.
The Queensland Workcover review is scheduled to be finished by June 30, 2023. This review will involve input from various stakeholders, including registered industrial organisations, scheme insurers and peak legal bodies.
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